Personal Injury Lawyer Virginia Beach
If your life is turned upside down because of an injury, the aftermath can quickly become overwhelming. You are likely suffering from physical pain and dealing with mounting medical bills and lost wages. You may be worried about how long it will take you to recover and how you will manage in the meantime.
Whether it’s a car crash, workplace accident, or slip-and-fall, any accident can leave you feeling confused and uncertain about what to do next. Even if you decide to file a claim against the responsible party, you may wonder: Do I need an expert to testify about my damages? If so, where do I find this sort of person?
If you’ve been injured and aren’t sure what to do next, contact our Virginia Beach personal injury attorneys for guidance. With decades of experience in personal injury law, our professionals at Shapiro, Washburn, & Sharp can help you understand your options and determine whether expert testimony is needed in your case. Call us at 833-997-1774 for a free consultation.
What Is An Expert in Personal Injury Cases?
An expert witness in a personal injury case is a professional with certain knowledge, skills, or experience that qualifies them to provide opinions on issues related to your accident. They can help clarify complex details for the court and/or the parties involved, explaining things that might otherwise be misunderstood or misinterpreted. Their testimony helps the parties involved understand any highly technical information.
Here are some examples of how an expert witness may help in your case:
- Medical impact: A physician or specialist expert can explain the nature and extent of your injuries, detailing how the accident caused them and what your recovery might look like. An orthopedic surgeon, for instance, may testify about how your car accident caused a spinal disc herniation requiring surgery.
- What caused the accident: An accident reconstruction expert will use data, physics, and crash site analysis to determine how the accident occurred. Their findings may help establish fault in your case. For example, they may show how a driver’s failure to brake in time led to a collision, which could strengthen your argument against an insurance company trying to say you shared fault in the crash.
- Financial losses: Economists or forensic accountants can assess the economic impact of your injury, including medical bills, lost income, and diminished earning capacity. They can calculate how the injury will affect your long-term financial stability, showing that you need the compensation you have requested.
- Engineering experts: Engineers may analyze product failures, building defects, or road conditions that contributed to an accident. For example, an engineer might testify that a faulty guardrail design exacerbated the crash’s impact on your vehicle and your body.
- Toxicology experts: In cases involving exposure to harmful substances or alcohol-related incidents, toxicology experts can explain how these substances contributed to the injury. They may testify about the level of impairment caused by alcohol or drugs in a car accident case, for instance.
- Vocational experts: These individuals examine your ability to work at your current job after your injury and, if necessary, can identify potential career adjustments. They may testify that your accident made it impossible for you to continue to work at your previous job and suggest how you may qualify for less demanding roles.
- Psychological impact: Psychological experts can evaluate the emotional and mental health impact of your injury, helping to strengthen your claim for these damages. For example, a psychologist may testify about your post-traumatic stress disorder (PTSD) following your accident and explain how this is affecting your daily life.
In general, experts lend credibility to your case. Their specialized training allows them to present evidence in a structured, factual manner that will be more difficult for the other party to argue with. If the defendant claims that your pre-existing injuries, for example, bar you from receiving the compensation you’re asking for, a medical expert can provide a professional analysis linking the injuries directly to the accident in question.
When Might an Expert Be Needed in a Personal Injury Case?
Expert testimony might be needed in cases where the evidence is complex or disputed. Here are some examples:
- Causation is challenged: The other side may argue that your injuries were pre-existing and unrelated to the accident. A medical expert can refute these claims by linking your condition directly to the accident.
- Damages are disputed: If the defense contests the extent of your damages, an economist or vocational expert can provide a comprehensive analysis of your financial losses.
- Fault is contested: When it’s unclear who was liable for the accident, an accident reconstruction specialist can present evidence showing how the negligent party’s actions caused the accident.
- Future impact needs proof: For severe injuries, experts can help explain the long-term effects on your health, career, and lifestyle.
When Is an Expert Not Needed?
Not all personal injury cases require an expert to testify. If you’re seeking $50,000 or less in your case, the costs of hiring experts may outweigh the benefits. These cases often involve straightforward injuries, such as minor whiplash or sprained ankle, where:
- Medical records and bills provide sufficient proof of damages.
- The defendant’s liability is clear and uncontested.
- The long-term impact of the injury is minimal or non-existent.
For example, if you’re seeking $10,000 to cover medical expenses and a short period of lost wages, you probably won’t need expert testimony. Instead, your personal injury attorney will rely on existing documentation and witness accounts to build a strong case.
Cases Where Experts May be Needed: Claims Over $50,000
If your claim exceeds $50,000, the stakes are higher, and the other side is more likely to challenge your case. This is when expert testimony can help. You may have severe injuries, for instance, and require a medical expert to explain your diagnosis and long-term effects. If you had pre-existing injuries before the accident and the other side is arguing that you don’t deserve compensation, an expert can argue against that point of view.
There are a variety of instances in which your attorney may suggest having an expert to support your case, but in general, the more compensation you’re asking for and the more complex your case, the more likely an expert will be necessary to help strengthen your argument.
How Can A Personal Injury Attorney Help?
If you’re unsure of what you need to prove your case, contact our experienced personal injury attorneys today. We can look at the details of the incident and help you determine whether you need expert testimony. We can also help you identify the right type of expert to support your claims and work with the experts to prepare compelling testimony and reports. Finally, we will present the expert evidence effectively in court to maximize your chances of success.
At Shapiro, Washburn, & Sharp, we understand the challenges you face after an injury and will do all we can to help, as we did for this motorcyclist who was killed when struck by a large truck that failed to yield before making a left turn. We negotiated a $1.85 million settlement for his family.
We have offices in Virginia Beach, as well as in Norfolk, Hampton, Chesapeake, and Portsmouth.